§ 4-16-201 — Labeling requirements.

(1) A container of seed that is transported, sold, offered, or exposed for sale within this state shall bear on the container or have attached to the container a printed label that:

(1)(a) is in a conspicuous place;
(1)(b) is plainly written in the English language;
(1)(c) is in type no smaller than eight point;
(1)(d) specifies the information required by this chapter; and
(1)(e) does not modify or deny the information required by this chapter in the labeling or on another label attached to the container.
(2) A container of agricultural seed offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

(2)(a) name of the kind and variety for each seed component in excess of 5% of the whole and the percentage by weight of each component in the order of its predominance in columnar form, provided that:
(2)(a)(i) the label shall specify the name of the variety or state "Variety Not Stated" or "VNS," for any component that is required by rule of the department to be labeled as a variety;
(2)(a)(ii) a hybrid shall be labeled as a hybrid;
(2)(a)(iii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; and
(2)(a)(iv) the total of the percentages described in Subsections (2)(a), (2)(d), (2)(e), and (2)(f) shall equal 100%;
(2)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(2)(c) lot number or other lot identification;
(2)(d) percentage by weight of all weed seeds;
(2)(e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (2)(a);
(2)(f) percentage by weight of inert matter;
(2)(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted;
(2)(h) origin, if known, of alfalfa, red clover, white clover, or field corn seed, except hybrid corn, and, if the origin is unknown, that fact shall be stated;
(2)(i) month and year seed tests were conducted for each named agricultural seed, specifying:
(2)(i)(i) percentage of germination, exclusive of hard or dormant seed; and
(2)(i)(ii) percentage of hard or dormant seed, if present; and
(2)(j) net weight or seed count.
(3) A container of lawn and turf seed or lawn and turf seed mixture offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

(3)(a) name of the kind and variety for each lawn and turf seed component in excess of 5% of the whole, and the percentage by weight of each component in the order of its predominance in columnar form, provided that:
(3)(a)(i) the label shall specify the name of the variety or state "Variety Not Stated" or "VNS," for any component that is required by rule of the department to be labeled as a variety;
(3)(a)(ii) a hybrid shall be labeled as a hybrid; and
(3)(a)(iii) the total of the percentages described in Subsections (3)(a), (3)(d), (3)(e), and (3)(f) shall equal 100%;
(3)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(3)(c) lot number or other lot identification;
(3)(d) percentage by weight of all weed seeds;
(3)(e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (3)(a);
(3)(f) percentage by weight of inert matter;
(3)(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted;
(3)(h) month and year seed tests were conducted for each named lawn and turf seed, specifying:
(3)(h)(i) percentage of germination, exclusive of hard or dormant seed; and
(3)(h)(ii) percentage of hard or dormant seed, if present;
(3)(i) the word "mix," "mixture," or "blend," if more than one component is required to be named; and
(3)(j) net weight or seed count.
(4) Vegetable seed in packets of one pound or less prepared for home gardens or household plantings or vegetable seed preplanted in containers, mats, tapes, or other planting devices shall be labeled with the following information:

(4)(a) name of the kind and variety of seed, provided that a hybrid shall be labeled as a hybrid;
(4)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(4)(c) (4)(c)(i) calendar month and year the germination test was completed and sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of test;
(4)(c)(ii) year for which the seed was packaged for sale, stated as "Packed for yy," or year of the seed sell by date, stated as "Sell by yy"; or
(4)(c)(iii) calendar month and year the germination test was completed and the percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of test;
(4)(d) seed with germination less than the germination standard last established for the seed by the department shall specify the:
(4)(d)(i) percentage of germination, exclusive of hard or dormant seed;
(4)(d)(ii) percentage of hard or dormant seed, if present; and
(4)(d)(iii) words "Below Standard" in not less than eight-point type;
(4)(e) statement to indicate the minimum number of seeds or net weight in the container, if the seed are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of the seed without removing the seed;
(4)(f) lot number or other lot identification;
(4)(g) the word "mix," "mixture," or "blend," if more than one component is required to be named; and
(4)(h) net weight or seed count.
(5) Vegetable seed not described in Subsection (4) shall be labeled with the following information:

(5)(a) name of each kind and variety present in excess of 5% of the whole and the percentage by weight of each in order of its predominance in columnar form, provided that a hybrid shall be labeled as a hybrid;
(5)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(5)(c) lot number or other lot identification;
(5)(d) month and year seed tests were conducted, for each named vegetable seed, specifying the:
(5)(d)(i) percentage of germination, exclusive of hard or dormant seed; and
(5)(d)(ii) percentage of hard or dormant seed, if present;
(5)(e) name and rate of occurrence per pound of each kind of restricted noxious-weed seed for which tolerance is permitted;
(5)(f) the word "mix," "mixture," or "blend," if more than one component is required to be named; and
(5)(g) net weight or seed count.
(6) A flower seed packet of one pound or less prepared for use in home flower gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices shall be labeled with the following information:

(6)(a) name of the kind and variety or a statement of type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
(6)(a)(i) a hybrid shall be labeled as a hybrid; and
(6)(a)(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named;
(6)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(6)(c) (6)(c)(i) calendar month and year the germination test was completed and the sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of the test;
(6)(c)(ii) year for which the seed was packed for sale, stated as "Packed for yy," or year of the seed sell by date, stated as "Sell by yy"; or
(6)(c)(iii) calendar month and year the germination test was completed and percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of the test;
(6)(d) seed with germination less than the germination standard last established by the department shall specify the:
(6)(d)(i) percentage of germination, exclusive of hard or dormant seed;
(6)(d)(ii) percentage of hard or dormant seed, if present; and
(6)(d)(iii) words "Below Standard" in not less than eight-point type; and
(6)(e) statement to indicate the minimum number of seeds or net weight in the container, if the seeds are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of seed without removing the seed.
(7) Flower seed not described in Subsection (6) offered or exposed for sale in this state shall be labeled with the following information:

(7)(a) name of the kind and variety or statement of the type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
(7)(a)(i) a hybrid shall be labeled as a hybrid; and
(7)(a)(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named;
(7)(b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
(7)(c) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(7)(d) lot number or other lot identification;
(7)(e) percentage of germination, exclusive of hard or dormant seed;
(7)(f) percentage of hard or dormant seed, if present;
(7)(g) calendar month and year that testing was completed to determine percentages described in Subsections (7)(e) and (7)(f);
(7)(h) net weight or seed count; and
(7)(i) wildflower seed with a pure seed percentage of less than 90% shall specify the percentage by weight of:
(7)(i)(i) each component listed in order of predominance;
(7)(i)(ii) weed seed if present; and
(7)(i)(iii) inert matter.
(8) A container of tree and shrub seed that is sold, offered, or exposed for sale or transported for sowing into this state shall:

(8)(a) bear a label as required by Subsection (1), unless:
(8)(a)(i) each bag or other container is clearly identified by a lot number stenciled on the container or the seed is in bulk; and
(8)(a)(ii) under a contractual agreement the seed may bear a label by invoice accompanying the shipment or an analysis tag attached to the invoice; and
(8)(b) bear on the label the following information:
(8)(b)(i) name of the seed and name of the subspecies, if appropriate;
(8)(b)(ii) scientific name of the genus and species and scientific name of the subspecies, if appropriate;
(8)(b)(iii) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(8)(b)(iv) lot number or other lot identification;
(8)(b)(v) information as to origin as follows:

(8)(b)(v)(A) seed collected from a predominantly indigenous stand shall specify the area of collection given by latitude and longitude, geographic description, or political subdivision such as state or county; and
(8)(b)(v)(B) seed collected from other than a predominantly indigenous stand shall specify identity of the area of collection and the origin of the stand or state "origin not indigenous";
(8)(b)(vi) elevation or the upper and lower limits of elevation within which the seed was collected;
(8)(b)(vii) purity as a percentage of pure seed by weight;
(8)(b)(viii) percentage of germination, exclusive of hard or dormant seed;
(8)(b)(ix) percentage of hard or dormant seed, if present;
(8)(b)(x) calendar month and year the germination test was completed to determine percentages described in Subsections (8)(b)(viii) and (8)(b)(ix);
(8)(b)(xi) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; and
(8)(b)(xii) net weight.
(9) A container of seed for sprouting that is offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

(9)(a) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
(9)(b) name of the kind or kinds in order of predominance;
(9)(c) lot number or other identification;
(9)(d) percentage by weight of each pure seed component in excess of 5% of the whole, other crop seeds, inert matter, and weed seeds, if any;
(9)(e) percentage of germination of each pure seed component, exclusive of hard or dormant seed;
(9)(f) percentage of hard or dormant seed, if present;
(9)(g) calendar month and year the test was completed to determine percentages described in Subsections (9)(d) through (9)(f) or the year for which the seed was packaged;
(9)(h) the word "mix," "mixture," or "blend," if more than one component is required to be named; and
(9)(i) net weight or seed count.
(10) A combination mulch, seed, and fertilizer product shall:

(10)(a) contain a minimum of 70% mulch;
(10)(b) bear a label with the word "combination" followed by the words "mulch - seed - fertilizer" on the upper 30% of the principal display panel, provided that the:
(10)(b)(i) word "combination" shall be the largest and most conspicuous type on the container and equal to or larger than the product name; and
(10)(b)(ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination"; and
(10)(c) bear an analysis label for seed placed in a germination medium, mat, tape, or other device or mixed with mulch, specifying the following information:
(10)(c)(i) name of each kind and variety;
(10)(c)(ii) product name;
(10)(c)(iii) lot number;
(10)(c)(iv) percentage by weight of pure seed of each kind and variety named, including those less than 5% of the whole, provided that the total of the percentages described in Subsections (10)(c)(iv) through (10)(c)(vii) shall equal 100%;
(10)(c)(v) percentage by weight of other crop seed;
(10)(c)(vi) percentage by weight of inert matter, which may not be less than 70%;
(10)(c)(vii) percentage by weight of weed seed;
(10)(c)(viii) name and number of noxious weed seed per pound, if present;
(10)(c)(ix) percentage of germination of each kind or kind and variety named;
(10)(c)(x) percentage hard or dormant seed, if appropriate;
(10)(c)(xi) date of germination test;
(10)(c)(xii) name and address of tagger; and
(10)(c)(xiii) net weight.
(11) A product containing a combination of seed and granular fertilizer shall be labeled with the following information:

(11)(a) the word "combination" followed by the words "seed-fertilizer" on the upper 30% of the principal display panel provided that:
(11)(a)(i) the word "combination" must be the largest and most conspicuous type on the container and equal to or larger than the product name; and
(11)(a)(ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination"; and
(11)(b) an analysis label specifying the information listed in Subsection (10)(c) and the percentage by weight of the fertilizer, listed on a separate line as a component of the inert matter.
(12) Coated seed shall be labeled with the:

(12)(a) information required by Subsections (2)(a) through (2)(e) and (2)(g);
(12)(b) percentage by weight of pure seed exclusive of coating material;
(12)(c) percentage by weight of coating material;
(12)(d) percentage by weight of inert material exclusive of coating material; and
(12)(e) percentage of germination, determined on 400 pellets with or without seed.

Legislative History

Amended by Chapter 528, 2023 General Session